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Terms of Service

Terms of Service

1. General
This website, www.memotrek.com is owned and operated by MemoTrek Technology Group Ltd., hereafter referred to as "MemoTrek" or "the Seller", and with orders processed through MemoTrek Technologies Ltd. with its registered office addresses in Hollywood Plaza Office 1318-1320, 610 Nathan Road, Hong Kong. All orders and purchases made through the facilities of this website shall be subject to these terms and conditions. By using this website and placing an order the customer will be deemed to have acknowledged and accepted the terms and conditions as part of the sales contract. The order of the customer represents an offer for the conclusion of a sales contract. The customer receives an electronic confirmation of his order. The sales contract comes to a conclusion however only with delivery of the requested products. MemoTrek reserves itself not to furnish the promised achievement in the case of their unavailability. In this case the customer will be informed by email and the amounts already paid will be refunded as soon as possible.

2. Quotations & Acceptance
All quotations made by MemoTrek are to be seen as offers and invitations for the conclusions of a sales contract and valid as stated on the quotations, which is usually 7 days starting from date of issue. As to protect the Seller from unexpected price changes on the NAND flash market or any external cases of force majeure leading to sudden and major price increases that cannot be foreseen, the Seller reserves the right to change the price of any quotation without prior notice.

In case an invoice has already been issued the Seller would need to immediately inform the Buyer of any price changes, who in such a case can choose to proceed with the order to the new conditions or alternatively has the right to withdraw from the contract without any further cancellation expenses. Should the product ordered be out of stock or not any longer available, the Seller should inform the Buyer about this as early as possible and offer a alternative solution with similar products that can be supplied, and Buyer may choose to withdraw from the contract and claim a refund with further cancellation charges as long as mass production has not yet been started.

3. Prices & Currencies
All prices are generally understood to be in USD. In case of quotations and acknowledgements of orders in foreign currency, the prices shall be bound to the respective foreign currency only as long as the exchange rate of same in relation to the USD has not changed by more than ±5 % between the date of acknowledgement of order and the date of delivery. MemoTrek reserves the right, in case of variations by more than ±5 %, to fix a new price according to the change in the exchange rate for the deliveries outstanding at the moment of such change.

4. Payment Terms
Invoices shall generally be issued as receipt of the payment of a quote, and in all other cases shall have to be paid net within seven days as of date of invoice. The non-compliance with the terms of payment of or any circumstance reducing the Buyer's credit-worthiness which become know to MemoTrek only after entering into the contract may entail the immediate falling due of all outstanding payments and entitle the Seller, with a reasonable respite, to withdraw from the contract.

By paying the amount invoiced the Buyer acknowledges the invitation for the conclusion of trade as offered by the Seller. The full due amount shall be paid in advance and prior to start of production if not explicitly agreed upon elsewise and in the form of a purchase agreement between Seller and Buyer, or if Buyer and Seller agree on pre-payment prior to start of production and payment of final installment prior to dispatch of the consignment from the origin of production.

The Buyer has the right to request from the Seller written acknowledgment of any receipts of incoming payments and notification from the Buyer at start of production of the consignments paid for. Any delivery delays due to delay of incoming payments are sole responsibility of the Buyer.

The Buyer has the right to inspect the goods ex-factory and prior to dispatch. The Seller agrees to provide detailed digital image material of each consignment or sub- batch upon request and prior to mass-production and/or dispatch.

5. Time of Delivery
MemoTrek will normally handle the order within 10 working days - depending upon size of the contract and presupposed MemoTrek got all necessary information and components such as logo artwork files and software and/or data files for pre-loads from the customer. Once the product(s) has shipped, the customer will receive a shipment confirmation via email. A shipping tracking number will be included, if available. In general, orders are shipped Monday - Friday (excluding holidays). MemoTrek cannot ship to P.O./A.P.O/F.P.O box addresses.

MemoTrek Technologies Ltd. will use its reasonable endeavors to ensure delivery of the goods, products and consignments and provide service in accordance with delivery/completion schedules agreed with the Buyer, but cannot accept any liability whatsoever for failure to do so, however arising. The times of delivery indicated in the order and acknowledgement of order are not binding. There shall be no unilateral right of rescission for an acknowledged order. Any claims for damages caused by delayed delivery, short delivery, or non-delivery are excluded. Unforeseeable events incurred through no fault of MemoTrek or extraordinary events at the Sellers premises or its subcontractors or other impediments impossible for MemoTrek to foresee shall entitle the Seller to defer the date of delivery for a period equal to the time lost by reason of such event or impediment. In any case Buyer shall be obliged to purchase all products already finished or begun in consequence of the order placed. Notwithstanding MemoTrek may enforce subsequent charges or claims for damages caused by reduced purchase quantity. The Buyer is responsible for collecting and receiving the consignment on the date of delivery.

6. Force Majeure
In case of any contract breaches or non-compliances that can be proven caused by external force majeure no party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.

7. Reservation of Proprietary Rights
All trademarks and copyrights on this website are owned by their respective owners. Until complete payment of all invoices the products shall remain the property of the Seller. Buyer does not acquire any proprietary rights by incorporating the products into other devices. It is responsibility of the Buyer to ensure that the consignment is not in violation of any existing rights of intellectual property, including but not limited to copyrights, patents, trademarks or any other musical, literary, and artistic works; inventions, symbols, names, images or designs. MemoTrek reserves the right to use images of any products or samples produced for clients and customers in any marketing related activities both online and offline. Any related losses, damages or legal issues related to 3rd party intellectual property shall be full responsibility of the Buyer.

8. Trade Acceptance
The products delivered have to be taken over by Buyer, even if they have insignificant defects. The Buyer is responsible to inspect and verify the received amount, color, model and customizations of the consignment within 30 days. This acceptance test shall be carried out by Buyer within 30 days, as of date of delivery. Should the take-over be delayed by reason of circumstances outside the Sellers’ responsibility, the written communication of readiness for dispatch by Seller to Buyer shall be considered the date of delivery. In default of any written communication of inability to take delivery by Buyer within the time for taking delivery, the products shall be deemed accepted. After 30 days the consignment or sub-batches will be considered as approved in regarding to these characteristics, and complaints regarding these issues will be excluded from the warranty. Unavoidable and minor discrepancies of quality, size, colors, complexion or magnitude that are typical and normal for commercial trade are no sufficient reason for reclamation.

9. Guarantee & Warranty
MemoTrek warrants that the products will be fully functional and free from defects in material and suitable for normal use and in conformity with the terms of the contract. The Seller's obligations under this warranty shall be discharged, at its option, by repairing, replacing, or giving credit for defective products. Buyer has to grant MemoTrek a reasonable period for removing the defects; if Buyer refuses to grant such period, the Seller shall be released from warranty.

The period of the hardware warranty is a guarantee on the lifetime of the product on the market and as of the acceptance of the products by Buyer (see § 8). In the event of discontinuance of product manufacture, MemoTrek warranty support is limited to three years from the date of of discontinuance. The life time warranty does not include accident, human fault or improper use.

Buyer has to give MemoTrek notice of defects, in writing and stating sufficient reasons, immediately but within 30 days as of delivery of products at the latest. Any defects that could not be detected within that period in spite of careful examination must be communicated to the Seller, in writing and stating sufficient reasons, immediately after becoming known. In default of such immediate communication, any warranty shall be excluded. The warranty shall be ruled out if the products are handled, after their acceptance, in an improper manner or not in conformity with the instructions recommended by the Seller. MemoTrek will not accept responsibility for products, which, in its opinion, have been the subject of undue wear and tear, accident, misuse, improper application or neglect. Customization and logo printings are subject to a normal ware-off and not covered by this warranty.

Returns shall only be accepted after previous consent by MemoTrek and with a Return Materials Authorization (RMA) Number. Contact your MemoTrek account manager if you purchased the product directly from MemoTrek. Warranty is valid only for products purchased directly from us or one of our MemoTrek Certified Resellers. In case of unjustified complaints Buyer shall reimburse MemoTrek for all expenses arising from such complaints.

The Buyer agrees to inform the Seller of any defect or deficiencies immediately. The Seller reserves the right to require the faulty product for further analysis. In case the fault or defect can be verified the Seller is obliged to remediate the fault or defect immediately but shall not refund to the Buyer any occurred shipment expenses. No claims from the Buyer for loss of business opportunities can be made and the Seller cannot be held responsible and cannot accept liability for any consequential damages or loss of business opportunities for the Buyer or any 3rd parties. Any claims of Buyer beyond the obligations under this warranty are excluded. To the fill extend permissible by applicable law, this site's owner disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

10. Product samples & Special productions
If product samples or special customized production samples belong to the scope of supply there are special prices valid. Product samples, custom made appliances, products and special productions are principally excluded from exchange, return and warranty.

11. Links to other websites
MemoTrek may provide links to third-party websites for your convenience and information. If you access those links, you will leave the MemoTrek website. MemoTrek does not control those sites or their privacy practices, which may differ from MemoTrek’s website. MemoTrek has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, MemoTrek does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this site, you do this entirely at your own risk.

12. Virtual designs, pictures and product descriptions
Virtual designs or mock-ups are graphic illustrations of the product with customer specific customization and are used to make it easier for customers to choose the right product. Neither the mock-ups nor the product pictures published online are exact images of the actual products and are to be used as reference only. Under no circumstances is the Seller liable for any discrepancies between mock-ups, product pictures or descriptions and the actual products delivered.

13. Software
For software programs, pertaining documents and all subsequent additions the Buyer shall have a nonexclusive and non-transferable right of use with the products for which such software programs have been delivered. All other rights shall remain with MemoTrek or the program author respectively.

14. Other Matters
Place of performance and place of jurisdiction for all claims under this agreement shall be Hong Kong, and all purchase agreement and contracts shall exclusively be governed by the laws of Hong Kong SAR. Buyer can pass on his rights and obligations arising under such delivery contracts only upon the Sellers written consent. The products delivered may be subject to the export control regulations of Hong Kong and country of destination as appointed by the Buyer. Their export or import may require the approval by the competent authorities. Buyer shall be liable for the observance of all local import and export control regulations up to the end user, if applicable, and explicitly agrees to hold MemoTrek fully harmless. If for any reason (other than exercising the rights set out in the warranty and return policy to return the goods) the Buyer does not accept delivery of the consignment or the forwarder or shipping company is unable to deliver the goods on time due to failure of the Buyer to provide appropriate instructions, including but not limited to inputting or providing the correct delivery address with the order, and the goods are returned to origin, the Buyer will be liable for all related costs and expenses. The Seller can arrange to have the order delivered again, however, a delivery charge will be incurred to cover extra costs for the 2nd delivery. We recommend that the delivery address is an address where someone is available during working hours to sign for and take the delivery. Should any clauses of these General Terms of Trade be or become inoperative, the other clauses shall not be affected thereby.